IDAHO BOARD OF MORTICIANS

Bureau of Occupational Licenses

700 West State Street, P.O. Box 83720

Boise, ID 83720-0063 

 

Board Meeting Minutes of 7/20 and 7/21/2010

 

 

 

BOARD MEMBERS PRESENT:   F. Duayne Sims - Chair

                                                   John Buck

                                                   David L. Hutton

                                       

 

BUREAU STAFF:                        Dawn Hall, Administrative Support Manager

                                                  Lori Peel, Investigative Unit Manager

                                                  Karl Klein, Administrative Attorney

Emily Mac Master, Deputy Attorney General

Cherie Simpson, Management Assistant

Linda Goff, Technical Records Specialist I

 

OTHERS PRESENT:                   Troy Knutson, Cloverdale Funeral Home

                                                  Tom Van Alten, Funeral Consumers Alliance of Idaho

                                                  Paul Swenson, Applicant

                                                  General Darrell Manning

                                                  Greg Heitman, Health and Welfare

                                                  Linda Opdahl, Health and Welfare

 

                             

The meeting was called to order at 9:00 AM MDT by F. Duayne Sims.

 

 

APPROVAL OF MINUTES

A motion was made by Mr. Buck to approve the minutes of January 19th, 2010 and April 30th, 2010, with minor corrections. Mr. Hutton seconded. Motion carried.

 

LEGISLATIVE REPORT

Ms. Hall presented the legislative report. Ms. Hall reminded the Board that the Legislature is trying to limit the number of Rules presented before them. Boards are being advised if the Rule is not urgent; hold it until there is something more substantive.

 

FINANCIAL REPORT

Ms. Hall presented the Financial Report. As of June 30th, 2010 the Board had a balance of $69,129.75. Ms. Hall explained the Board should also see a small savings due to the rental decrease following the move to the JR Williams Building.

 

INVESTIGATIVE REPORT

Ms. Peel presented the Investigative Report, which is linked above. Ms. Peel explained outside counsel is being pursued for some cases at the Attorney General’s Office. Twenty-six of the 28 crematories have been inspected. Two inspections were missed due to medical issues of the investigator.

 

For Board Determination:

          I-MOR-2009-6         C alleged that R failed to provide death certificates in a timely manner, failed to inform the cemetery when the decedent’s ashes were interred, and failed to properly mark the decedent’s final resting place.  Investigation revealed that the decedent passed away on 9/28/08 but was not discovered until 9/30/08. The death certificate shows that it was filed 10/8/08 and issued on 10/17/08. According to Vital Statistics, if R had a cash-only account it would slow down the process considerably.  As to failing to inform the cemetery of the internment, C stated that R told the family he would talk to the caretaker to make arrangements.  C stated that the family owned 10 plots and was unsure where placement was to be, but the family wanted to bury the ashes themselves.  C stated that R informed the family that he left a message with the person in charge of records at the cemetery to mark the appropriate plot where the ashes were to be buried, but this was never done.  R informed the investigator that he had spoken with the cemetery individual two days prior to burial and requested that the appropriate location be marked.  The individual at the cemetery did not recall whether he spoke with R regarding the proper placement, and the cemetery caretaker stated that he was not contacted by R.  Finally, as to failing to place a temporary marker at the gravesite, R stated that he had the marker made and would have placed it the day of the burial but when he asked the family if they would like for him to accompany them to the burial site and place the marker, they stated that he did not need to go to the cemetery at that time.  R stated that he believed he placed the temporary marker at the burial site 7-10 days after burial, but also stated it could have been longer than that.  R closed the funeral establishment in March 2010 and is now working at another funeral home.  Although some of R’s actions may not have been best business practices, the investigation did not reveal any evidence to support a charge of unprofessional conduct.  IBOL recommends that the Board authorize closure. A motion was made by Mr. Hutton to approve closure. Mr. Buck seconded. Motion carried.

 

I-MOR-2009-9         C alleged R operated a funeral home without licensure.  Investigation revealed that the funeral home has been licensed since 2001 but in May 2009 advertised under a name that it is known by but is not the official name on the license.  (The name on the license was “Smith’s XYZ Funeral Home” and the advertisement was for “XYZ Funeral Home.”)  In August 2009 the owner of the funeral home requested that the funeral home’s name be changed.  In June 2010 C informed the investigator that the complaint was resolved and C did not wish to pursue it.  IBOL recommends that the Board authorize closure. A motion was made by Mr. Buck to approve closure. Mr. Hutton seconded. Motion carried.

 

I-MOR-2010-16       C alleged R advertised an unlicensed funeral home and crematory, and C provided copies of yellow pages advertisements for the funeral home under the “Funeral Directors” and “Crematories” headings.  In response to a letter from IBOL advising R that offering to practice as a mortician or funeral director without a license is in violation of Idaho law, R stated that the company was not aware that it was doing anything illegal by placing the advertisement in the phone book.  R stated that they planned to open the business before the next phone books were published and did not want to miss the opportunity to be published.  R stated that when people call the phone number listed in the directory they receive a recording advising them that the funeral home is in the construction stages and to contact a local funeral home for assistance.  R stated that the company has a licensed funeral director and mortician as the president and that the licensed individual will be managing the operation once the new facility is built.  R stated that any wrongdoing was completely due to ignorance of the law, and that the company is not selling anything related to funeral services and does not plan to until the new facility has received all the necessary permits and licenses.  R stated that the company filed all the necessary papers with the Secretary of State’s Office before the advertisement was published, but now realizes it was a mistake to place the advertisement.  Based upon R’s response, it is the recommendation of IBOL that the Board authorize closure with a warning letter to R to ensure that the company follows all laws and rules of the Board in the future. A motion was made by Mr. Buck to table a decision until January. The motion died for lack of a second. A motion was made by Mr. Hutton to approve closure sending a letter to both the owner of the establishment and the licensed mortician. Mr. Buck seconded and withdrew the motion to table a decision to approve closure until January. Motion carried.

 

AMEND AGENDA

A motion was made by Mr. Buck to amend the agenda to add discussion regarding The Conference National Convention. The reason for amending the agenda was documentation was just received regarding dates and reservations. The January meeting would be too late to discuss and make a decision on attending. Mr. Hutton seconded. Motion carried.

 

A motion was made by Mr. Buck to amend the agenda to add Emily Mac Master, Deputy Attorney General to the agenda. The reason for amending the agenda was Ms. Mac Master became available to update the Board regarding ongoing cases.

 

ELECTION OF BOARD CHAIR

A motion was made by Mr. Buck to nominate Mr. Sims Board Chair. Mr. Hutton seconded. Motion carried.

 

NEW BUSINESS

 

Presentation – General Darrell Manning

General Darrell Manning gave a presentation to the Board on the role of the Board.

 

Mr. Hutton made a motion at 10:05 AM the Board take a break. Mr. Buck seconded.  Motion carried.

 

The meeting was called back to order at 10:20 AM by Chairman Sims.

 

Correspondence

The Board received an email question regarding pre-need contracts. The question was: “On a pre-needs contract that was written and prepaid ten years ago, isn’t the funeral home obligated to honor the guaranteed item prices (i.e. casket, memory book, memory card; removal fee and embalming) at the time of death or can they charge today’s rates?”.

 

The Board discussed that most preneed contracts have a guaranteed section and a non-guaranteed section. The section pertaining to guaranteed items has no exceptions. For the non-guaranteed section current rates apply.

A motion was made by Mr. Hutton to have the secretary draft a response referring the correspondent to Idaho Code 54-1133 F and G. Mr. Buck seconded Motion carried.

 

The Conference Convention

A discussion was held regarding the next national convention of The Conference. Board members reviewed correspondence received noting deadlines for registration should any Board members wish to attend.

A motion was made by Mr. Buck that the Board allow up to three people to attend. Mr. Hutton seconded. Motion carried.

 

Mr. Buck noted that he would like to see figures from The Conference comparing the percentage of candidates who pass the first time while attending online schools versus candidates attending traditional schools. After discussion, Mr. Buck made a motion to have the secretary see if The Conference has those figures available. Mr. Hutton seconded. Motion carried.

 

Paul Swenson

Mr. Swenson addressed the Board regarding his status as an applicant for Funeral Director and the timetable of the next state law test. Mr. Swenson requested he be allowed to sit for the Idaho Law test as soon as possible. Mr. Swenson was informed he would be notified by mail of the Board’s decision.

 

Dave Hutton Apprenticeship Discussion

Mr. Hutton proposed that licensed supervisors be allowed to supervise more than one apprentice. After discussion, the Board agreed to propose a rule change allowing no more than two resident trainees per supervisor. Mr. Buck made a motion to propose a rule change to allow one supervisor to supervise two resident trainees. Mr. Hutton seconded. Motion carried. Mr. Klein was directed to draft the proposed rule change.

 

Quarterly Reports for Resident Trainees

A discussion was held regarding the possibility of requiring resident trainees to complete quarterly reports as part of the proposed rule change allowing two resident trainees per supervisor. After discussion, the Board determined a quarterly reporting system would assist in tracking where resident trainees are in their training. A motion was made by Mr. Hutton to propose a rule change requiring quarterly reports from resident trainees to be signed off by the trainee’s supervisor. Mr. Buck seconded. Motion carried. Mr. Klein will draft the proposed rule change requiring quarterly reports by resident trainees.

 

Continuing Education Provider Applications

The Board reviewed applications to be approved as continuing education providers from the National Funeral Directors Association as well as Practicum Strategies. After review and discussion of the materials submitted, Mr. Hutton made a motion to approve both applications and to request a Continuing Education page be added to the Mortician Board’s website. Mr. Buck seconded. Motion carried.

 

Suggested Guidelines for Continuing Education

The Board discussed the ways to ensure continuing education information is made available to licensees in addition to the website. Mr. Buck stated he will request the Idaho Funeral Service Association add this information to its newsletter. The secretary was asked to e-mail the IFSA Continuing Education Rule 410 for inclusion in the newsletter to its members.

 

At 11:50 AM Mr. Buck made a motion to adjourn for lunch. Mr. Hutton seconded. Motion carried.

 

The meeting was called back to order at 1:20 PM by Chairman Sims.

 

Forms Review

Ms. Hall submitted revisions made to application forms for the Board to review. After review and discussion, Mr. Buck made a motion to approve the revised forms. Mr. Hutton seconded. Motion carried.

 

EXECUTIVE SESSION

 

APPLICATIONS

A motion was made by Mr. Hutton to go into executive session under Idaho Code 67-2345 (1) (d) to consider such records that are exempt from disclosure under the Idaho Public Records Law. The purpose of the executive session was to review application materials, MCA audits and inactive files. Mr. Buck seconded. The vote was: Mr. Hutton, aye; Mr. Sims, aye; and Mr. Buck; aye. Motion carried.

 

A motion was made by Mr. Buck to come out of executive session. Mr. Hutton seconded. The vote was: Mr. Sims, aye; Mr. Hutton, aye; and Mr. Buck; aye. Motion carried.   

 

A motion was made by Mr. Buck and seconded by Mr. Hutton to approve the following:

 

Approved to take the Idaho State Law Test:

 

                              DEES, JACK THOMAS                          MRT-1115

                              OWINGS, BRIAN LEE                           MRT-1184

                              SWENSON, PAUL                                 MRT-1132

 

A letter of intent regarding application status will be sent to the following:

                                                                               

901103219

 

Mr. Hutton made a motion to approve all Mortician Certificate of Authority audits as reviewed. Mr. Buck seconded. Motion carried.

 

Attorney General’s Office Update

Ms. Mac Master presented an update on pending items. Ms. Mac Master said two older cases will remain with the Attorney General’s Office until resolution.

 

A motion was made by Mr. Hutton to adjourn the meeting at 4:55 PM. Mr. Hutton noted he would not be available for the second day of the meeting. Mr. Buck seconded. Motion carried.

 

The meeting was called to order at 8:30 AM MDT by F. Duayne Sims.

 

Draft Rule Changes

Mr. Klein and Ms. Simpson presented draft rule changes for the Board to approve. After review and discussion, minor changes were made. The Board elected to revisit the draft changes after lunch.

 

Review of Board Based Exams

A motion was made by Mr. Buck to go into executive session under Idaho Code § 67-2345(1) (d), and § 9-340 (e) 5, to consider records that are exempt from disclosure under the Idaho Public Records Law.  The purpose of the executive session will be to consider:  Idaho State Law Exams for Morticians and Funeral Directors.

Mr. Sims seconded. The vote was: Mr. Sims, aye; and Mr. Buck; aye. Motion carried.

 

A motion was made by Mr. Buck to come out of executive session. Mr. Sims seconded. The vote was: Mr. Sims, aye; and Mr. Buck; aye. Motion carried.

 

Mr. Heitman and Ms. Opdahl from Idaho Department of Health and Welfare met with the Board to discuss the Vital Statistics Act Rules and the effect on Funeral Directors and Morticians.

 

A motion was made by Mr. Buck to go into executive session under Idaho Code § 67-2345(1) (d), and § 9-340 (e) 5, to consider records that are exempt from disclosure under the Idaho Public Records Law.  The purpose of the executive session will be to consider:  Idaho State Law Exams for Morticians and Funeral Directors.

Mr. Sims seconded. The vote was: Mr. Sims, aye; and Mr. Buck; aye. Motion carried.

 

A motion was made by Mr. Buck to come out of executive session. Mr. Sims seconded. The vote was: Mr. Sims, aye; and Mr. Buck; aye. Motion carried.

  

At 12:15 PM Mr. Buck made a motion to adjourn for lunch. Mr. Sims seconded. Motion carried.

 

The meeting was called back to order at 1:20 PM by Chairman Sims.

 

After review of the changes requested to the draft rule changes, a motion was made by Mr. Buck to accept the draft rules as revised. Mr. Sims seconded. Motion carried.

 

A motion was made by Mr. Buck to go into executive session under Idaho Code § 67-2345(1) (d), and § 9-340 (e) 5, to consider records that are exempt from disclosure under the Idaho Public Records Law.  The purpose of the executive session will be to consider:  Idaho State Law Exams for Morticians and Funeral Directors.

Mr. Sims seconded. The vote was: Mr. Sims, aye; and Mr. Buck; aye. Motion carried.

 

A motion was made by Mr. Buck to come out of executive session. Mr. Sims seconded. The vote was: Mr. Sims, aye; and Mr. Buck; aye. Motion carried.

 

A motion was made by Mr. Buck to have the secretary draft the proposed changes to the Funeral Director and Mortician exams for review at the January meeting. Mr. Sims seconded. Motion carried.

 

 

 

NEXT MEETING January 18th and 19th, 2011.

 

ADJOURNMENT

A motion was made by Mr. Buck to adjourn the meeting at 4:55 PM. Mr. Sims seconded. Motion carried.

 

_________________________________      _________________________________

F. Duayne Sims, Chair                                    John Buck

_________________________________      _________________________________

David L. Hutton                                               Tana Cory, Bureau Chief